`U.S. Patent No. 8,805,948
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP., CAVIUM, INC., and DELL INC.,
`Petitioners,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner
`________________
`
`Case IPR2018-002341
`U.S. Patent No. 8,805,948
`________________
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`UNDER 37 C.F.R. § 42.64
`
`1 Cavium LLC (formerly Cavium, Inc.), which filed a Petition in Case IPR2018-
`00403, and Dell Inc., which filed a Petition in Case IPR2018-01307, have been
`joined as petitioners in this proceeding.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner, Alacritech, Inc. hereby
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`makes the following objections to the admissibility of documents submitted with
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`Petitioner’s Opposition to Patent Owner’s Motion to Exclude.
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`Evidence
`
`Objections
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`Ex. 1447 (District
`Court Expert
`Reports Cover
`Pages)
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`Ex. 1452 (Intel
`Declaration)
`
`FRE 106: Patent Owner objects to this exhibit because it
`creates a misleading impression by taking matters out of
`context.
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`FRE 403: Patent Owner objects to this exhibit because its
`probative value is substantially outweighed by a danger of
`one or more of the following: unfair prejudice, confusing the
`issues, misleading the Board, and undue delay.
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`PO would withdraw these objections if Petitioners file, or
`provide written permission under the District Court Protective
`Order to allow PO to file, by February 22, 2019, the entire
`expert reports addressed in Ex. 1447 under the Board’s
`protective order as PETITIONER’S RESTRICTED –
`ATTORNEYS’ EYES ONLY.
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`FRE 106: Patent Owner objects to this exhibit because it
`creates a misleading impression by taking matters out of
`context.
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`FRE 403: Patent Owner objects to this exhibit because its
`probative value is substantially outweighed by a danger of
`one or more of the following: unfair prejudice, confusing the
`issues, misleading the Board, and undue delay.
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`FRE 801: Patent Owner also objects to this exhibit because it
`is hearsay under FRE 801 and does not fall within the hearsay
`exceptions under FRE 803.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`
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`Date: February 19, 2019
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
`
`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE was served on February 19,
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`2019 by filing it through the Patent Review Processing System, as well as by e-
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`
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`mailing copies to:
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`Garland T. Stephens (Reg. No. 37,242)
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
`
`Anne M. Cappella (Reg. No. 43,217)
`Adrian Percer (Reg. No. 46,986)
`Jeremy Jason Lang (Reg. No. 73,604)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
`
`David T. Xue
`Karineh Khachatourian
`RIMÔN LAW
`david.xue@rimonlaw.com
`karinehk@rimonlaw.com
`
`Christopher Douglas
`Kirk Bradley
`Derek Neilson
`ALSTON & BIRD LLP
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`christopher.douglas@alston.com
`kirk.bradley@alston.com
`derek.neilson@alston.com
`
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`Date: February 19, 2019
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`
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`Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
`
`
`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`5
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